Dáil Éireann Debate, Tuesday - 18 April 2023
385. Deputy Ged Nash asked the Minister for Finance what regulations and policies covers the operation of ATMs in the State; what are the requirements for these to be made accessible to disabled people; who is responsible for regulating this area; and if he will make a statement on the matter. [17140/23]
View answer386. Deputy Ged Nash asked the Minister for Finance what regulations and policies cover credit card terminals in the State; what are the requirements for these to be made accessible to disabled people; who is responsible for regulating this area; and if he will make a statement on the matter. [17141/23]
View answerI propose to take Questions Nos. 385 and 386 together.
In Ireland, the operation of Independent ATM Deployers (IADs) is currently not a regulated activity. This was highlighted in the recent publication of the Retail Banking Review which also recommended that they be authorised and supervised by the Central Bank of Ireland. Department officials are currently working on this legislation and it is expected heads of a Bill will be published by the end of 2023 which will require IADs to be authorised and supervised by the Central Bank.
It is worth noting that whilst IADs currently are not regulated by the Central Bank of Ireland, they are regarded as Professional Cash Handlers by the Central Bank. The Central Bank monitors all Professional Cash Handlers involved in the recirculation of euro banknotes for compliance with the Decision of the European Central Bank (ECB/2010/14) on the authenticity and fitness checking and recirculation of euro banknotes. Professional Cash Handlers must ensure compliance with Decision ECB/2010/14 prior to distribution of euro banknotes via ATMs, etc.
The Private Security Authority, an agency under the aegis of the Department of Justice, is responsible for regulating the security requirements for ATMs and the security arrangements around the transfer of cash to and from ATMs
With regard to the regulation of credit card terminals, I will assume the Deputy is referring to point of sale (POS) systems. The provision of the equipment used for POS systems and the use of the equipment are commercial decisions for each individual business and neither the Department of Finance or the Central Bank of Ireland would have any role in this. However, the payment transaction made using these terminals is done via payment service provider.
The second Payment Services Directive (PSD2), which was transposed into Irish law in 2018 places a number of regulations and reporting requirements on payment services providers. Such requirements include establishing a framework with appropriate mitigation measures and control mechanisms to manage the operational and security risks, relating to the payment services that it provides. Additionally, it requires payment service providers to provide the Central Bank with comprehensive assessments of operational and security risks on an annual basis. It also requires payment service providers to notify the Central Bank if and when a major security or an operational event occurs.
The Central Bank's Consumer Protection Code 2012 (the Code) applies to regulated financial service providers providing regulated activities within the State. Under the provisions of the Code the Central Bank expects that all regulated firms take a consumer-focused approach and to act in their customers’ best interests, particularly in dealings with vulnerable consumers. The Code contains a number of provisions aimed at ensuring that vulnerable people can gain access to mainstream financial services.
Provision 2.11 of the Code provides that a regulated firm must not, through its policies, procedures, or working practice, prevent access to basic financial services. This provision aims to ensure that vulnerable people can gain access to mainstream financial services.
Provision 3.1 of the Code provides that “where a regulated entity has identified that a personal consumer is a vulnerable consumer, the regulated entity must ensure that the vulnerable consumer is provided with such reasonable arrangements and/or assistance that may be necessary to facilitate him or her in his or her dealings with the regulated entity.”
All regulated firms should take a consumer-focused approach and act in their customers’ best interests, particularly in dealings with vulnerable consumers.
In addition, the European Accessibility Act (Directive (EU) 2019/882) will introduce common accessibility requirements across the EU for certain products and services. These include payment terminals (e.g. in shops or restaurants), self-service terminals including ATMs, and consumer banking services. However, this has not been transposed into Irish legislation as of yet. My colleague, Minister Roderic O’ Gorman and his Department will lead on this transposition.
